Common use of Restrictions on Use or Disclosure Clause in Contracts

Restrictions on Use or Disclosure. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522. Effective February 17, 2010, notwithstanding the paragraph (a)(1)(ii) of 45 CFR 164.522, the Business Associate must comply with the requested restriction if (1) except as otherwise required by law, the disclosure is to a health plan for purposes of carrying out payment or health care operations (and is not for purposes of carrying out treatment); and (2) the protected health information pertains solely to a health care item or service for which the health care provider involved has been paid out of pocket in full.